USA v. Maria Delgado

Filing

UNPUBLISHED OPINION FILED. [10-30403 Dismissed as frivolous ] Judge: JLW , Judge: ECP , Judge: PRO Mandate pull date is 04/27/2011 for Appellant Maria Aide Delgado; granting motion to amend document filed by Appellant Ms. Maria Aide Delgado [6732988-2], granting motion to amend document filed by Appellant Ms. Maria Aide Delgado [6722173-2]; denying motion to substitute counsel filed by Appellant Ms. Maria Aide Delgado [6717815-3]; granting motion to withdraw as counsel filed by Appellant Mr. George Frazier, Esq. for Appellant Ms. Maria Aide Delgado [6648096-2] [10-30403]

Case: 10-30403 Document: 00511436744 Page: 1 Date Filed: 04/06/2011

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit
FILED
No. 10-30403
Summary Calendar

April 6, 2011
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff–Appellee,
v.
MARIA AIDE DELGADO,
Defendant–Appellant.

Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:06-CR-60074-5

Before WIENER, PRADO, and OWEN, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Marie Aide Delgado has moved for
leave to withdraw and has filed a brief in accordance with Anders v. California,
386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011).
Delgado has filed a response. Her motions to supplement her response are
GRANTED.
The record is insufficiently developed to allow consideration at this time
of Delgado’s claims of ineffective assistance of counsel; such claims generally
*

Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.

Case: 10-30403 Document: 00511436744 Page: 2 Date Filed: 04/06/2011
No. 10-30403
“cannot be resolved on direct appeal when the claim has not been raised before
the district court since no opportunity existed to develop the record on the merits
of the allegations.” United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir.
2006) (internal quotation marks and citation omitted).

We have reviewed

counsel’s brief and the relevant portions of the record reflected therein, as well
as Delgado’s response. We concur with counsel’s assessment that the appeal
presents no nonfrivolous issue for appellate review. Accordingly, the motion for
leave to withdraw is GRANTED, counsel is excused from further responsibilities
herein, the APPEAL IS DISMISSED, and all other outstanding motions are
DENIED. See 5 TH C IR. R. 42.2.

2